Four underground storage tanks holding gasoline and diesel were removed from this Safeway fuel station property in 1999. During removal, approximately 140,000 gallons of contaminated groundwater were managed on site, and subsequent investigation confirmed benzene and BTEX contamination in groundwater at concentrations exceeding MTCA cleanup levels. The site has since received a No Further Action determination from the Washington Department of Ecology. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Based on the standard 25-year lifecycle for underground storage tanks, the USTs removed in 1999 were likely installed no later than 1974 — more than a decade before occurrence-based CGL policies began excluding pollution claims in 1986. The petroleum contamination documented in groundwater here — benzene, BTEX, and diesel constituents — is consistent with the type of gradual release that those pre-1986 policies were designed to cover. Historical carriers on the risk during that pre-1986 operational window may bear responsibility for the remediation costs incurred at this property.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.